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Reconsideration of the Board's decision to decline to waive a $2500 late fee assessed against Damon Quenton Hardesty, with the Calcasieu Parish School Board/District 9, for filing his amended 2016 Tier 2 annual pfd 101 days late. |
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The Board initially considered this waiver request, which was untimely, at its November 2020 meeting together with a timely waiver involving his amended 2017 Tier 2 PFD. The Board declined to waive the late fee associated with the amended 2016 Tier 2 PFD but suspended all of the $2500 late fee associated with the amended 2017 Tier 2 PFD.
Mr. Hardesty is requesting reconsideration of the Board's denial of his waiver request associated with the amended 2016 Tier 2 PFD stating that he has now found a Notice to Rescind. However, that Notice to Rescind clearly states it involves a School Board Disclosure Statement and not a PFD statement.
Mr. Hardesty also states he spoke with the former Disclosure Director Karen Winfrey and was lead to believe he had resolved the issues with the filing of the amended form. According to staff notes, Ms. Winfrey spoke with Mr. Hardesty once and the notes state Ms. Winfrey explained the need for the amendment. There is no mention of a discussion regarding late fees.
Initial Waiver Request:
The waiver for the 2016 Tier 2 Amendment was due on March 4, 2019. Ms. Hardesty signed the green card for the Late Fee Order. The waiver request was not filed until July 9, 2019. No reasons were submitted for the untimeliness.
Ms. Hardesty is requesting a waiver on behalf of Mr. Hardesty. The Hardesty's thought they had submitted the required documents and the matter was resolved. They are asking for a waiver because they didn't realize they would be fined after submitting corrected paperwork. The corrected paperwork was not submitted until after a second notice was issued requesting the amendments.
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TYPE OF REPORT: 2016 Tier 2 Annual Report - Amendment
INITIAL FILING FILED: April 12, 2017
DATE NOD RECEIVED: October 27, 2018 (wife signed green card)
DATE REPORT FILED: February 15, 2019
DAYS LATE FROM NOD: 101 days
DAYS LATE FROM ORIGINAL DUE DATE: 641 days
ASSESSED LATE FEE: $2500
OUTSTANDING PFD LATE FEES: No
OTHER OUTSTANDING LATE FEES: No
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 10 reports or amendments
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La. R.S. 42:1124.2
requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.
La. R.S. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than seven (7) business days after receipt of the notice of delinquency.
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Affirm the Board's prior decision to "decline to waive."
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| Assigned Attorney: |
Tracy Barker |
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